1. Scope
1.1 These Terms of Use apply to the use of the wetrainfootball.com portal and the 'WE.TRAIN.FOOTBALL' app provided by MatchPlaner Sport Solutions GmbH, Holbeinstr. 13, 72760 Reutlingen.
1.2 These Terms of Use do not apply to the relationship between users and a different platform operator if the app is distributed through that operator (e.g. App Store). However, they apply in addition to the respective terms of the platform operator.
2. Registration and Login
2.1 Downloading the app is possible without registration. The user relationship between the user and MatchPlaner is established upon downloading the app on the basis of these Terms and Conditions. Full use of the WE.TRAIN.FOOTBALL app is largely only possible after registration. In this case, the user relationship is established upon proper completion of the registration process in accordance with these Terms. Proper registration especially requires truthful information for all mandatory fields. MatchPlaner reserves the right to verify the data before activation and to activate it separately. After verification, users will receive a confirmation email with an activation link.
2.2 Access credentials and passwords must be treated confidentially, protected from access by unauthorized third parties, and not shared with others.
2.3 Registration is permitted from the age of 16.
3. Description of Services
3.1 MatchPlaner generally provides its app to users for a fee. MatchPlaner reserves the right to impose limitations or conditions and to discontinue the service at any time without giving reasons or prior notice. There is no legal claim to use, activation, or participation in the WE.TRAIN.FOOTBALL app.
3.2 There is no entitlement to service availability. MatchPlaner will strive to offer the service with minimal interruption. However, even with all due care, service disruptions cannot be ruled out. Maintenance work and/or service development may limit or temporarily interrupt access. This may also result in the loss of user data in individual cases.
3.3 The operation of the WE.TRAIN.FOOTBALL app requires the use of common and up-to-date technologies to access the website, web app, or mobile app. Full functionality of the app can only be guaranteed if users also use and enable such technologies. Using outdated or uncommon technologies may prevent or limit access to the app.
3.4 MatchPlaner reserves the right to modify, supplement, remove, or discontinue any information or services provided in the WE.TRAIN.FOOTBALL app at any time without notice.
3.5 MatchPlaner assumes no responsibility for the accuracy or completeness of the content in the WE.TRAIN.FOOTBALL app.
3.6 MatchPlaner relies on public sources for its data and assumes their accuracy. Users can also customize their profiles and certain data. Errors may occur due to user customization or misuse by third parties. Each user can correct errors within the scope of their access rights or notify MatchPlaner of inaccuracies. If data is proven to be incorrect, MatchPlaner will promptly correct it. No further claims against MatchPlaner exist.
3.7 MatchPlaner reserves the right to log the use of the WE.TRAIN.FOOTBALL app to monitor compliance with this agreement and to fix issues.
4. Obligations of Users
4.1 The user assures that all information provided to MatchPlaner during registration is complete and truthful. The user agrees to promptly report any changes. Users are granted the rights to use the WE.TRAIN.FOOTBALL app.
4.2 The user acknowledges that they are fully responsible for all activities carried out through their account, whether by themselves or by unauthorized third parties.
4.3 Users are obligated to comply with these Terms of Use, especially the Netiquette (section 5 of this agreement), at all times when using the portals or apps.
4.4 If users have the ability to upload images or other content, they guarantee to MatchPlaner that they possess the necessary rights to the content uploaded to the portal or app. They grant MatchPlaner a non-exclusive, unlimited (in terms of time, location, and scope), irrevocable, transferable, and sublicensable right to use the uploaded content in full or in part. This usage right also includes publication of the content on other MatchPlaner platforms (e.g., social media accounts).
4.5 As a user, you are obligated to verify whether your content, posts, and topics contain any information you do not want to publish before making them public. Your content, posts, and topics may be indexed by search engines and become accessible worldwide. There is no claim for deletion or correction of such search engine entries against MatchPlaner.
4.6 Users shall indemnify MatchPlaner against all third-party claims resulting from illegal use of the provided information, services, and data, or such use approved by them. This also includes legal disputes related to data protection, copyright, image rights, or other legal issues connected to the use of the portal or app. If users become aware of unauthorized account use or violations of these terms, they must inform MatchPlaner immediately.
5. Netiquette
5.1 The WE.TRAIN.FOOTBALL platform is intended to foster a friendly and respectful environment. The app must not be misused. Abusive content may be deleted. In particular, the following are prohibited: knowingly and intentionally submitting false data; submitting data that contradicts or does not serve the app’s purpose (especially non-football-related content); interfering with the app without authorization (including automated data scraping or crawling, and using scripts or software for this purpose); attempts to bypass or breach security measures (e.g., password scans or tests); violating local, national, or international laws; insulting, harassing, threatening, or physically/mentally/financially harming or endangering others through the app; uploading illegal or immoral content, such as discriminatory, harassing, or offensive materials based on gender, ethnicity, skin color, religion, age, disability, or sexual orientation; content inciting hatred, promoting crimes, glorifying or downplaying violence, being sexually explicit or pornographic, or endangering children or adolescents; uploading legally protected content (especially copyright, trademark, or personal rights) without owning the necessary rights; and unsolicited advertising sent to users or posted within the portal or app (except where explicitly permitted in clearly marked areas).
6. Measures for Violations, Abuse Policy
6.1 MatchPlaner may, at its discretion, temporarily or permanently block a user's account for repeated or serious violations of the Terms of Use. MatchPlaner also reserves the right to terminate the user relationship and delete the account.
6.2 If a user's account was wrongly blocked by MatchPlaner, the user may file a complaint within one month. After this period, the account will not be reinstated.
6.3 Violations of the Terms of Use may also result in claims for damages or criminal prosecution.
7. Usage Rights
7.1 The WE.TRAIN.FOOTBALL app may contain content protected by copyright and/or trademark law. Users are not granted any usage rights to this protected content. The use of the WE.TRAIN.FOOTBALL app or its content for commercial purposes is only permitted if MatchPlaner has expressly approved such use.
7.2 By accepting the Terms of Use, users are granted a non-exclusive, non-transferable, revocable, and unlimited right to use the app for the purposes pursued by the app. Users are not granted any exploitation rights. They may make backup copies of the app for data protection purposes. No further rights to the app are granted.
8. Liability of Users
8.1 Users are liable for any violations of these Terms of Use and the contractual obligations assumed therein, as well as for breaches of legal provisions and resulting claims, provided the user is at fault.
8.2 Users are particularly liable for damages arising from unauthorized use of the service by a third party using their access credentials or password, if this occurred through their own fault.
8.3 Users agree to indemnify MatchPlaner from any third-party claims resulting from the user's violations of these Terms of Use.
9. Liability of MatchPlaner
9.1 MatchPlaner provides compensation for damages or reimbursement of futile expenses, regardless of the legal basis (e.g. contractual or tort claims), only under the following conditions: a) Liability for gross negligence, intent, fraud, and warranties is unlimited. b) Liability for simple negligence is excluded for businesses and public corporations. In cases of breach of essential contractual obligations (so-called cardinal duties), MatchPlaner is liable only for typical foreseeable damages at the time of contract conclusion. For consumers, MatchPlaner’s liability remains unlimited. If MatchPlaner is in default with its service, liability is also unlimited unless the damage would have occurred even if performance had been timely.
9.2 Where MatchPlaner's liability is excluded or limited, this also applies to the personal liability of MatchPlaner’s employees, representatives, and vicarious agents.
9.3 In cases of culpable injury to life, body, or health and in claims under the Product Liability Act, the statutory provisions apply without limitation.
10. Data Protection
10.1 In the context of the contractual relationship, personal data of the users is processed to ensure the fulfillment and execution of the agreement. Detailed information on data processing can be found in the privacy policy available here.
11. Paid Subscription
11.1 Some services can only be used after purchasing a paid subscription.
11.2 If the user purchases a paid subscription, payment processing and management – depending on the location and type of purchase (app or web) – will be handled by the third-party providers RevenueCat, Stripe, Apple, or Google.
11.3 The user is solely responsible for canceling the subscription in due time with the respective third-party provider before the end of the usage relationship. MatchPlaner only assists by providing a link to the respective third-party provider.
11.4 Terminating or deleting the account or profile alone does not automatically end payment processing by the respective third-party provider.
12. Duration and Termination of the User Relationship
12.1 Users can terminate the user relationship at any time without providing a reason. Termination is carried out by deleting the account in the relevant settings. After the account is deleted, data generally cannot be recovered. User content is not affected by the account deletion but is automatically anonymized.
12.2 MatchPlaner may terminate the user relationship at any time with two weeks' notice. The user will be notified in a reasonable manner (e.g., via email or push notification).
12.3 The right to immediate termination for good cause remains unaffected. This especially applies if the user seriously and/or repeatedly violates the rules of these Terms of Use and/or other obligations. In case of termination of the user relationship by MatchPlaner, MatchPlaner reserves the right to inform the responsible club the user belongs to about the suspension and/or termination and its reasons.
12.4 MatchPlaner reserves the right to delete inactive profiles and associated data after one year.
12.5 In the case of an active paid subscription, the termination or deletion of the account or profile alone does not automatically end the payment processing by third-party providers.
13. Amendment of the Terms of Use
13.1 MatchPlaner reserves the right to amend these Terms of Use, provided that the changes are reasonable for the users, taking into account the interests of MatchPlaner.
13.2 MatchPlaner will notify users of changes to the Terms of Use at least two weeks before they take effect, in a reasonable manner (e.g., via email or push notification).
13.3 If the user does not agree with the changes to the Terms of Use, they have the right to terminate this agreement at any time with immediate effect. Continued use of the service after two weeks will be deemed acceptance of the new Terms of Use. MatchPlaner will inform users of this during the change notification.
14. Final Provisions
14.1 MatchPlaner is entitled to transfer the rights and obligations arising from this agreement to third parties. MatchPlaner will inform the users in a reasonable manner (e.g., via email or push notification).
14.2 The law of the Federal Republic of Germany shall apply. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.
14.3 If individual provisions of this agreement are or become invalid, the respective provision shall be replaced by a valid formulation that most closely achieves the intended purpose. The validity of this contractual agreement as a whole remains unaffected.
14.4 The platform for online dispute resolution of the European Commission is available at: http://ec.europa.eu/consumers/odr. MatchPlaner is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
